Latest Case: CFS 915, LLC v. Unetixs Vascular, Inc. (Landlord - Tenant)

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JOSEPH MARGULIES

Cornell law professor Joseph Margulies comments on the protests that have erupted over COVID-19 restrictions. Margulies argues that because the state cannot (or will not) live up to its end of the social contract by committing to sustain people’s livelihood for the duration of the restrictions, the protests are morally legitimate.

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CFS 915, LLC v. Unetixs Vascular, Inc.

Docket: 18-237

Opinion Date: May 1, 2020

Judge: William P. Robinson, III

Areas of Law: Landlord - Tenant, Real Estate & Property Law

The Supreme Court affirmed the judgment of the superior court for possession of certain property in favor of Plaintiff pursuant to the granting of summary judgment for Plaintiff, holding that when Plaintiff purchased the property at a foreclosure sale, all interests inferior to the foreclosed mortgage were extinguished and that no genuine issue of material fact remained. In 2008, MCH Realty, LLC, the then-owner of the property, entered into a lease agreement with Unetixs Vascular, Inc. to lease the property. In 2013, MCH executed a mortgage deed to DBS Bank Ltd. secured by its interest in the property. DBS later assigned its interest in the mortgage to CFS. In 2016, MCH and Unitexs extended the term of the lease. In 2017, CFS foreclosed on the mortgage and purchased the property at a foreclosure sale. CFS then filed a complaint seeking to evict Unetisx and another tenant (together, Tenants) and MCH from the property. A hearing justice granted the motion, ruling that the mortgage was superior to the Tenants' unrecorded leases and that, therefore, the leases were extinguished upon foreclosure. The Supreme Court affirmed, holding that CFS was entitled to judgment as a matter of law.